State v. Rairdon

District Court of Appeal of Florida

State v. Rairdon

722 So. 2d 846, 1998 Fla. App. LEXIS 14064, 1998 WL 770663

CourtDistrict Court of Appeal of Florida

DecidedNovember 6, 1998

DocketNo. 98-01445

StatusPublished

This text of 722 So. 2d 846 (State v. Rairdon) is published on Counsel Stack Legal Research, covering District Court of Appeal of Florida primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

State v. Rairdon, 722 So. 2d 846, 1998 Fla. App. LEXIS 14064, 1998 WL 770663 (Fla. Ct. App. 1998).

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Opinion

PER CURIAM.

The State appeals the order of the trial court granting the motion to dismiss filed by the appellee, Jeffrey Rairdon. The trial court stated that a driver’s license was not required to operate a moped under section 322.34, Florida Statutes (1995), and granted appellee’s motion to dismiss. However, this court held that a moped is a motor vehicle, the operation of which requires a driver’s license under chapter 322. See Jones v. State, 23 Fla. L. Weekly D2097, 721 So.2d 320 (Fla. 2d DCA 1998).

We, therefore, reverse the trial court’s order granting the appellee’s motion to dismiss and remand for further proceedings consistent herewith.

PATTERSON, A.C.J., and WHATLEY and GREEN, JJ., concur.

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PER CURIAM.

The State appeals the order of the trial court granting the motion to dismiss filed by the appellee, Jeffrey Rairdon. The trial court stated that a driver’s license was not required to operate a moped under section 322.34, Florida Statutes (1995), and granted appellee’s motion to dismiss. However, this court held that a moped is a motor vehicle, the operation of which requires a driver’s license under chapter 322. See Jones v. State, 23 Fla. L. Weekly D2097, 721 So.2d 320 (Fla. 2d DCA 1998).

We, therefore, reverse the trial court’s order granting the appellee’s motion to dismiss and remand for further proceedings consistent herewith.

PATTERSON, A.C.J., and WHATLEY and GREEN, JJ., concur.

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Bluebook (online)

722 So. 2d 846, 1998 Fla. App. LEXIS 14064, 1998 WL 770663, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-rairdon-fladistctapp-1998.

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